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2020 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 36 - Cohabitant Abuse Procedures Act
Section 1.2 - Acceptance of a plea of guilty or no contest to domestic violence -- Restrictions.
Universal Citation: UT Code § 77-36-1.2 (2020)
Effective 5/12/2020
77-36-1.2. Acceptance of a plea of guilty or no contest to domestic violence -- Restrictions.
Amended by Chapter 70, 2020 General Session
77-36-1.2. Acceptance of a plea of guilty or no contest to domestic violence -- Restrictions.
- (1) For purposes of this section, "qualifying domestic violence offense" means:
- (a) a domestic violence offense in Utah; or
- (b) an offense in any other state, or in any district, possession, or territory of the United States, that would be a domestic violence offense under Utah law.
- (2) For purposes of this section and Section 77-36-1.1, a plea of guilty or no contest to any domestic violence offense in Utah, which plea is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction, even if the charge has been subsequently reduced or dismissed in accordance with the plea in abeyance agreement.
- (3)
- (a) Before agreeing to a plea of guilty or no contest, the prosecutor shall examine the criminal history of the defendant.
- (b) An entry of a plea of guilty or no contest to a domestic violence offense is invalid unless the prosecutor agrees to the plea:
- (i) in open court;
- (ii) in writing; or
- (iii) by another means of communication that the court finds adequate to record the prosecutor's agreement.
Amended by Chapter 70, 2020 General Session
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